New Plan Realty Trust v. Brick Township

SMALL, P.J.T.C.

The defendant, Brick Township, has moved in both cases to dismiss plaintiffs’ complaints for failure to comply with N.J.S.A. 54:4-34, as amended by L. 1979, c. 91 (“Chapter 91”), which requires taxpayers to respond to an assessor’s request for income and expense information within 45 days or have its tax appeal dismissed or severely restricted. See Ocean Pines, Ltd. v. Pt. Pleasant, 112 N.J. 1, 547 A.2d 691 (1988). Plaintiffs argue that enactment of L. 2001, c. 101 (“Chapter 101”) amending N.J.S.A. 54:4-23, now requires that requests under Chapter 91 be deemed untimely if made…